Search Warrants Flashcards
What is the search warrant process overview?
- Gain approval
- Gain online approval
- Gain Issuing Officer’s authorisation
- Plan and brief search warrant execution
- Execute search warrant
- Report outcomes
- File investigation records
Practicable in the circumstances.
Once you get the supervisor’s approval to apply for search warrant, how can you go about it?
- Apply for SW orally
- Apply SW without approaching Issuing Officer in person
- Secure a scene while you apply for search warrant for
up to 6 hours (Section 117)
If you gain oral SW must should you do in terms of reporting?
you must make an online application in S & S Act as soon as possible and back capture the required information.
Also keep notes of the content of the oral application.
Before starting an application for search warrant YOU MUST BE SURE OF WHAT?
- Be sure that
- RGTS an offence punishable by imprisonment has, will or being committed.
- RGTB that evidential material will be found at that place, vehicle or other thing or facility
- Checks on targets (NIA history for SW applications / Outcomes
- Assessed the risks associated with execution
- Have obtained initial approval from Sergeant or above that rank to proceed online application.
Risk Assessments
In relation to risk what must be done?
- Identified
- Assessed
- Considered in planning how you execute the search
warrant.
What must be completed before search warrant is executed?
Planned Action Risk Assessment and CARD prompt must be completed and TENR applied to assess:
- Threat
- Exposure
- Necessity
- Response (measures to reduce)
Section 117
Securing address while seeking a search warrant.
Under 117, circumstances allows you to invoked this?
That you hear SW is being made or is made but waiting for authorisation.
If RGTB that evidential material may be CADD ot removed before search warrant can be issued, you may
- ENTER, secure place,vehicle or other thing AND
- secure any item found there AND
- direct any person to assist with entry and securing the
place or vehicle or securing items in it.
What is another good example when you should exercise 117?
If you have warrant and realise it is the wrong address, you can secure the correct address then have the warrant amended.
Section 117 can be exercised until the first of what occurs?
- expiry of 6 hours
- the approved search warrant is available for execution
- the search warrant has been refused.
Authorised Search Warrant applications:
Who can issue a search warrant:
- District Judge
- High Court Judge
Or any person authorised by the AG such as:
- Justice of the Peace
- Community Magistrate
- Registrar
- Deputy Registrar
A Issuing Officer may issue a SW if they are satisfied that the application clearly shows what?
There is RGTS an imprisonable offence has been, will be, or being or about to be committed AND
RGTB that envidential will be found at that place, vehicle or other thing or facility.
Of note they must be personally satisfied that these two conditions are met before issuing SW to you.
What restrictions can issuing officer put on the search warrant?
- restricting TIME when the SW can be reasonably be executed
- requiring the occupier or person in charge of the place to provide reasonable assistance to the officer executing the search warrant
- requiring a report on the search warrant within a specified time.
What should you do when the Issuing Officer does not sign the search warrant application you should?
- Record IO reasons for refusing to sign
- consider issues raised and if possible re-draft
application, ensuring you have addressed these issues - re-submit the application to the same IO
If the issues cannot be addressed what should you do?
- make further enquiries to support application
- consider whether to continue your investigation without conducting a search
- if the reasons for not signing the search warrant do not seem justified, submit a report to Legal Services for direction.
Executions and Reporting Search Warrant Outcomes
Who may execute a SW?
A person to whom it is directed or constable.
Ho long is a search warrant valid for?
no more 14 days from the date of issue OR
no more than 30 days from date of issue if you have justified why this is necessary and the IO is satisfied.
When can a SW be executed?
- at anytime that is reasonable under the circumstances OR
- at a restricted time required by the IO as a condition of execution.
When is a search warrant considered executed?
When you
- have seized evidential material specified in the search warrant, OR
- leave the place, vehicle OR other thing to be searched and do not return within 4 hours.
How often can a search warrant be executed?
- once, unless
- more than one execution is applied for, justified and
authorised in the search warrant. You must detail the
reason for the multiple entries.
Safety and Search Warrant Briefings
Apart from the Planned Action Risk Assessment and CARD prompt being completed, you must have an on-going assessment of the risk how should you do planning around this?
1 - Review / Reassessed identified risks
2. Work with others to ID and consider any further risks
3. Plan how to MANAGE and MINIMISE any identified risks
4. Determine how risk management will be communicated
in your search warrant briefing.
In relation to not complying with obligations under s131 to provide a copy of search warrant and inventory that are seized, can this be done and how do you go about doing it?
Yes it can be done on the basis that
- it would endanger safety of any person OR
- prejudice the on-going investigation
this can be done in application to a Judge to postpone the obligation to provide a copy of the search warrant.
What section do you apply to postpone the obligation to provide a copy of the search warrant? And when should this be done?
Under section s134 which should be made to a Judge
- at the time of the application of the search warrant OR
- before seven days has passed the execution of the search.
How long can a Judge postpone the obligation to provide a copy of the warrant?
Not exceeding 12 months on long investigations.
What scenarios in executing a search warrant you may use reasonable force?
- When entering a place, vehicle or other thing (section 131)
- Search (on property only) and seize (110)
- carry out a search of a person (125)
